2 Miles 173
Pennsylvania Court of Common Pleas, Philadelphia County
Decided January 10, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-01-10
THIS was an alias attachment of execution. A previous writ had been issued, and garnishees had been duly summoned under the act of 16th June, 1836, relating to executions, and the plaintiff had not proceeded to judgment on it/or taken any other steps in relation to it.
Decided 1838-01-10
¶1This writ is irregularly issued. The first attachment of execution should be disposed of by judgment or abandonment before an alias can issue. For aught that appears, the plaintiff may have an ample resource under his first writ for payment of his debt. So, in general, a fieri facias must be returned before an alias can regularly be issued.
¶2Rule absolute.